The Federal Antimonopoly Service (FAS of Russia) has filed an abuse of market dominant position case against OJSC Novorossiysk Commercial Sea Port (NCSP) and "Fleet of Novorossiysk Commercial Sea Port (NCSP Fleet, part of NCSP Group) for violating paragraph 1 Article 10 of the Law "On Protection of Competition", the Federal Agency reports. The case was reportedly filed on April 7, 2011. Earlier, FAS has filed a lawsuit against another company of NCSP Group – JSC IPP.
The ground for the legal action was a petition of Trans Oil Service Ltd, ERA LLC Transbunker-Novo LLC, Baltic Marine LLC submitted to FAS.
According to the complainants, the actions of NCSP and NCSP Fleet, currently dominating on the market of towing services within the boundaries of the port of Novorossiysk, were aimed at preventing, restricting or eliminating competition and infringing the interests of their rivals.
According to the facts of the case, on January 21, 2011 the ZIM Genova containership’s agent - CJSC ZIM Russia, notified NCSP on the bunkering of the vessel by Baltic Marine and Black Sea Towing bunker companies on Jan. 24-26 at the Berth # 18 and requested on Jan. 24 tugs service. According to the ship agent the NCSP’s dispatcher did not respond. A routine procedure tuned into a long dispute.
Two day later, the applicant companies received a letter from the NCSP, establishing the rules for bunkering in the area of responsibility of Novorossiysk Commercial Sea Port, and scores of permits for the operations.
According to the complainants, the actions of PJSC NCSP contradicts the Federal law "On sea ports…», as they impede the bunkering companies activity on the local market.